Enterline & Partners Consulting | info@enterlinepartners.com

Has Trump Finally Overstepped His Abuse of Executive Authority?

Editor’s Note: this article was written after the lawsuit discussed herein but not published before the DHS indicated to the Federal Court judge on July 14th that it would rescind the policy.

In a recent American Immigration Lawyers Association (“AILA”) webinar, the esteemed Ira Kurzban, unquestionably regarded as the godfather of immigration litigation, commented that every single day of Trump’s administration, he has made some change to law or regulation by issuing Executive Orders or directives or by other means.  This is most evident and publicized in his attack on legal immigration, circumventing the laws and regulations passed by Congress that provide for an organized necessary immigration system.  That the GOP has allowed him to do so without check is telling of how far to the right the Republican party has swung.  But Trump may have finally overstepped his authority.

Last week the United States Department of Homeland Security (“DHS”) announced a new policy prohibiting foreign students from studying in the United States if a college or university shifted to full-time online classes because of the COVID-19 pandemic.  Foreign students in the U.S. on F-1 and M-1 visas enrolled in any institution that moved all its classes online would be required to leave the United States.  Immediately Harvard University and the Massachusetts Institute of Technology sued in federal court to try to block this policy.  On July 13th attorneys general in 17 states and the District of Columbia filed a lawsuit against the Trump administration over this same policy, including a request for an injunction to stop the policy from becoming effective while the case is being considered by the court.

Forcing foreign students to leave the U.S. could have a significant economic impact on the United States. According to the Institute of International Education, the total foreign student population reached 1.1 million in the 2018- 2019 academic year and comprised roughly 5.5 percent of the total higher education community. The U.S. Department of Commerce noted that foreign students contributed nearly $45 billion to the 2018 U.S. economy as well as offering cultural diversity to campus life and enriching academics in many ways.

The lawsuit is based on several key factors. The directive was arbitrary and capricious because it failed to offer a reason for its reversal of prior policy, the rule imposes large financial and administrative burdens on colleges and universities, and the directive would interfere with reopening guidelines that state governments have already issued.

Initially filed by the state of Massachusetts, 16 other states joined the lawsuit and includes declarations from more than 40 schools impacted by the policy, including the University of Massachusetts, Boston University, Yale, the University of Connecticut, and Tufts University.

Lawsuits filed against Trump’s policies and executive orders are ubiquitous.  It is possible that almost every single order or policy change that he has made has resulted in a lawsuit.  But in the field of legal immigration, an organized challenge by a significant number of states is notable.  With fall semesters scheduled to begin in as little as 5 to 7 weeks, foreign students in the U.S. and those institutions that rely on such students urgently need an injunction to ensure stability to all parties during the resolution of this lawsuit.

If you have questions about the policy or the lawsuit, or what you as a foreign student can do to protect your status, contact us at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers in Ho Chi Minh City, Manila and Taipei.

 

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
Suite 601, 6th Floor
Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
Website: http://enterlinepartners.com

Manila, Philippines Office
Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.
CATEGORY
time
recent posts
CTA_Collection

contact us today for more information

Latest News

Visa Định Cư

Can My Child Come With Me on a U.S. Immigrant Visa?

When you are a parent with plans to immigrate to the United States, one of the most important questions may be whether your child can come with you. The answer depends on many factors such as the visa category, your child’s age, his/her marital status, and your relationship to the person who is petitioning you to immigrate to the United States. In some immigration categories, an unmarried child under twenty-one (21) years old can qualify as a derivative beneficiary and immigrate through the parents without having a separate immigrant petition filed with the United States Citizenship and Immigration Services (“USCIS”) submitted on their behalf. At Enterline and Partners, our U.S. immigration attorneys help individuals and families in Vietnam and the Philippines understand how their children fit into K-1 fiancé(e) visa, family-based, EB-3 employment, EB-5 investor, and other immigration cases. Learn about your options. Schedule a consultation today. What Is a

Read more >
bona fide

How to Prove a Bona Fide Marriage for a U.S. Spousal Visa

Applying for a U.S. visa based on marriage, commonly known as a Spousal visa, requires more than showing that you are legally married. The U.S. government must also be satisfied that you entered into the marriage in good faith and not primarily to obtain an immigration benefit. For couples living in different countries, proving the relationship can require careful documentation. You may not have a joint lease, shared utility bills or other records that couples living together commonly have. Instead, your evidence may need to show how the relationship developed, stayed connected and how your lives have become intertwined despite the distance. Understanding what counts as bona fide marriage evidence for a U.S. Spousal Visa can help you prepare a stronger case and reduce the risk of questions later in the process. If you have questions about the evidence needed for your U.S. Spousal visa case, our U.S. immigration attorneys

Read more >
NVC

What is the NVC and What Happens After USCIS Approval? (2026 Guide)

Having an immigrant petition approved by the United States Citizenship and Immigration Services (“USCIS”) is an important milestone, but for many applicants living outside the United States, it is not the end of the immigration process. Following USCIS approval, the case moves to the National Visa Center (“NVC”) which is under the Department of State (“DOS”). The NVC processing involves creating a case number, paying visa application fees, collecting and submitting documentation and waiting for the case to be transferred to a U.S. Embassy or Consulate. At Enterline and Partners, our U.S. immigration attorneys represent clients in Asia through the different stages of the immigration process, including family-based immigration cases, K-1 fiancé(e) visa cases, and EB-5 immigrant investor cases. In this guide, we will walk you through what happens after USCIS approval, what to expect from NVC processing and how to prepare for the consular processing stage of your case.

Read more >
Zalo
Phone
WhatsApp
Messenger
Messenger
WhatsApp
Phone
Zalo